IN THE CASE OF:	  

		BOARD DATE:	  14 September 2010

		DOCKET NUMBER:  AR20100010188 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that he be awarded the Purple Heart and that his records be corrected to reflect his award of the Army Commendation Medal (ARCOM) with "V" Device.

2.  The applicant states he was wounded during a hostile action in Vietnam and he was awarded the ARCOM with "V" Device; however, it was not included on his DD Form 214 (Armed Forces of the United States Report of Separation or Discharge).

3.  The applicant provides a copy of his DD Form 214 and a copy of the history of the 1st Cavalry Division (Air Mobile) Long Range Reconnaissance Patrol/Ranger Formation.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant requests that his award of the ARCOM with "V" Device be added to his records.  However, on 16 April 2010, officials at the National Archives and Records Administration issued a DD Form 215 (Correction to DD Form 214) adding this award.  Accordingly, no further mention of the ARCOM with "V" Device will be made in this Record of Proceedings.

3.  The applicant was inducted into the Army of the United States in Kansas City, Missouri, on 17 February 1969.  He completed his basic training at Fort Leonard Wood, Missouri, and his advanced individual training as a light weapons infantryman in military occupational specialty (MOS) 11B1O at Fort Lewis, Washington, before being transferred to Vietnam in June 1969.

4.  He was assigned to Company H, 75th Infantry (Long Range Patrol), 1st Cavalry Division, initially for duty as a rifleman.  He was advanced to pay grade E-4 on 10 August 1969.  He was subsequently assigned the duties of a radio operator and on 23 September 1969, MOS 05B2O (radio operator) became his primary MOS and 11B2O became his secondary MOS.

5.  On 1 March 1970, he sustained fragmentation wounds to his face and was subsequently evacuated to a hospital in Japan and then to the Medical Holding Company at Fitzsimons General Hospital in Denver, Colorado.

6.  On 3 July 1970, he was transferred to Fort Carson, Colorado, for duty as a radio operator in an armor company.  He remained at Fort Carson until he was honorably released from active duty (REFRAD) on 16 February 1971 due to the expiration of his term of service.  He served 2 years of total active service.  His DD Form 214 issued at the time of his REFRAD reflects that he was awarded the National Defense Service Medal, the Combat Infantryman Badge, the Vietnam Service Medal with two bronze service stars, and the Vietnam Campaign Medal.

7.  There is no evidence in the available records to show the applicant was awarded the Purple Heart.  However, his name is contained in the Vietnam casualty listing as being wounded on 1 March 1970.

8.  A review of the applicant's records shows he was awarded the Air Medal by General Orders Number 6004, issued by Headquarters, 1st Cavalry Division, on 17 April 1970 for meritorious achievement while participating in aerial flight in the Republic of Vietnam from July 1969 to July 1970.  Additionally, his records show he was awarded the Expert Marksmanship Qualification Badge with Rifle, Machine Gun, and Grenade Bars, and the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar.

9.  The applicant's records show he had "excellent" conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

10.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, established the criteria for award of the AGCM.  It stated that the AGCM was awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also stated that for the first award only upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.  There is no automatic entitlement to award of the AGCM.

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) indicates the applicant's unit was subsequently awarded the Valorous Unit Award (VUA), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should have been awarded the Purple Heart has been noted and appears to have merit.  The evidence of record shows he was wounded in Vietnam on 1 March 1970 while serving in pay grade E-4 and was reported as a casualty.  Consequently, it is reasonable to presume that his wounds were the result of enemy action and he should have been awarded the Purple Heart for those wounds.  Accordingly, it would be in the interest of justice to do so at this time.

2.  After carefully examining the applicant's record of service, it appears the applicant should have received the AGCM for his service from 17 February 1969 through 16 February 1971.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude him from being awarded the AGCM and the lack of any specific action by his unit commander to disqualify him from receiving the award.

3.  The applicant's records also reveal he was awarded the Air Medal; the Expert Marksmanship Qualification Badge with Rifle, Machine Gun, and Grenade Bars; and the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar.  However, those awards were omitted from his DD Form 214 at the time of his REFRAD and should be added at this time.

4.  Additionally, the evidence of record shows the applicant's unit was subsequently awarded the VUA, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit.  Accordingly, those awards should be added at this time as well.

BOARD VOTE:

____X___  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* awarding him the Purple Heart for wounds received in action in Vietnam on 1 March 1970 while serving in pay grade E-4
* awarding him the AGCM for the period of 17 February 1969 to 16 February 1971
* adding his awards of the Air Medal; the Expert Marksmanship Qualification Badge with Rifle, Machine Gun, and Grenade Bars; the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar; the VUA; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214

2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________X_____________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100010188



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ABCMR Record of Proceedings (cont)                                         AR20100010188



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